Research On Constitutional Review Of China's Law

The report of the 19 th National Congress of the Communist Party of China puts forward: “ Strengthening the implementation and supervision of the constitution,advancing the work of constitutional review,and maintaining the authority of the constitution.” The expression of “constitutional review” first appeared in the official documents of the National Congress of the ruling party China has had a good start in advancing constitutional review,which means that China's constitutional implementation and supervision and constitutional review have a strong guarantee,and it means that scientific legislation,democratic legislation,and legislation in accordance with the law have improved.solid foundation.The theoretical research of constitutional review in China has experienced a relatively long development process.For a long time,many scholars in academic circles have studied constitutional review from different perspectives,and have produced a series of research results.System selection process.Since the 18 th National Congress of the Communist Party of China,the Party Central Committee with Comrade Xi Jinping as the core has attached great importance to administering the country according to the Constitution and comprehensively promoted administering the country according to law.The constitutional review of our country has entered a new stage of development in the new era.Of course,constitutional review requires not only the top-level design of the party and the state,but also the results of in-depth theoretical research as support.Although the theoretical research on constitutional review has made progress in our country,there are still many shortcomings in the theoretical research on constitutional review.The constitutional review system has not been fully established,and the work of constitutional review has a long way to go.How to ensure the constitutionality of law is not only the focus of academic circles,but also the research object of this article.As an important part of the constitutional review work,the constitutional review of laws is an important cornerstone for guaranteeing the implementation of the constitution,unifying the ruleof law,and governing the country according to law.In theory,the law is one of the objects of constitutional review in accordance with the provisions of the Constitution,but the object of constitutional review does not include law in practice.The current system of legislative cleanup and record review is not enough to guarantee the constitutionality of laws.Legislative cleanup rarely involves the constitutionality of laws and has not yet become a normalized legal constitutional control mechanism.The object of record review does not include laws,and the constitutionality of laws cannot be guaranteed through record review.This article focuses on the constitutional review of laws.The laws here are limited to narrow laws,that is,laws specifically formulated by the National People's Congress and its Standing Committee.The text is composed of four parts.The first part is about the constitutional review,understand the content of the constitutional review and related concepts,understand the different forms of the constitutional review system model,and better understand the constitutional review system.On the basis of the first part of the theory,the second part of the review of China's legal constitutionality is carried out to find out the problems existing in our country's constitutionality review.The third part provides a reliable basis for improving the constitutional review of laws in China by studying the constitutional review system of foreign countries.The fourth part considers measures to strengthen the constitutional review of the law from the following four perspectives: first,strengthening the constitutional control at the legal review stage;second,improving the legal constitutional review system at the legislative stage;third,improving legislation The post-legal constitutional review system;the fourth is to clarify the establishment of separate bodies of the legislative body and the review body.